B-128215, JUL. 25, 1956
Highlights
CARMEN FORTIER: REFERENCE IS MADE TO YOUR LETTER OF JUNE 30. YOU ALSO ASK IF WE ARE EMPOWERED TO SUBMIT TO A UNITED STATES DISTRICT COURT. OR IS FOR HANDLING BY THE DEPARTMENT OF JUSTICE. THE AUTHORITY FOR CONDUCTING INVESTIGATIONS BY OUR OFFICE IS CONTAINED IN 31 U.S.C. 53. - YOUR CLAIM IS NOT ONE FOR CONSIDERATION BY OUR OFFICE. THERE IS NO BASIS FOR US TO PRESENT IT TO THE COURT OF CLAIMS.
B-128215, JUL. 25, 1956
TO MRS. CARMEN FORTIER:
REFERENCE IS MADE TO YOUR LETTER OF JUNE 30, 1956, IN REPLY TO OUR LETTER OF JUNE 27, 1956, TO YOU, REGARDING YOUR CLAIM AGAINST THE UNITED STATES AND THE DISTRICT OF COLUMBIA GOVERNMENTS.
YOU INQUIRE AS TO WHETHER AN INVESTIGATION MAY BE CONDUCTED BY OUR OFFICE IN YOUR CASE. YOU ALSO ASK IF WE ARE EMPOWERED TO SUBMIT TO A UNITED STATES DISTRICT COURT, OR IS FOR HANDLING BY THE DEPARTMENT OF JUSTICE.
THE AUTHORITY FOR CONDUCTING INVESTIGATIONS BY OUR OFFICE IS CONTAINED IN 31 U.S.C. 53. THAT STATUTE PROVIDES ONLY FOR INVESTIGATIONS OF MATTERS RELATING TO THE RECEIPT, DISBURSEMENT, AND APPLICATIONS OF PUBLIC FUNDS HANDLED BY FEDERAL EMPLOYEES. YOUR CLAIM DOES NOT COME WITHIN THE PURVIEW OF THE STATUTE AND NO INVESTIGATION CAN BE AUTHORIZED THEREUNDER. FURTHERMORE, SINCE--- AS WE ADVISED YOU IN OUR LETTER OF JUNE 27, 1956--- YOUR CLAIM IS NOT ONE FOR CONSIDERATION BY OUR OFFICE, THERE IS NO BASIS FOR US TO PRESENT IT TO THE COURT OF CLAIMS.
FOR THE SAME REASON, WE CANNOT UNDERTAKE TO ADVISE YOU AS TO WHETHER YOU SHOULD BRING A CIVIL ACTION IN A UNITED STATES DISTRICT COURT CONCERNING YOUR CLAIM, OR IF THE CASE SHOULD BE HANDLED BY THE DEPARTMENT OF JUSTICE. SUCH MATTERS ARE FOR DETERMINATION BY YOU, YOUR ATTORNEY, AND THE DEPARTMENT OF JUSTICE, AS THE CASE MAY BE. ..END :